Conclusions
and recommendations of the Committee on the Elimination of
Racial Discrimination,
Burundi, U.N. Doc. A/49/18, paras. 30-52 (1994).

COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION

PREVENTION
OF RACIAL DISCRIMINATION,INCLUDING EARLY
WARNING AND URGENT PROCEDURES

Burundi

30.
In view of reports of ethnic conflict in Burundi, the Committee
decided at its forty-first session to request, in accordance
with article 9, paragraph 1, of the Convention, further information
from the Government of Burundi on that conflict and on its
implications for the implementation of the Convention, in
particular the provisions of article 5 (b). No written reply
was received in response to that request. At its 1026th and
1027th meetings, on 9 March 1994, the Committee reviewed the
implementation of the Convention in Burundi.

31.
The representative of the State party indicated that the crisis
which her country was currently undergoing was the most serious
of the ethnic crises that had ravaged Burundi for more than
30 years; the latest crisis had claimed the life of the first
democratically elected President of the Republic and had led
to numerous massacres throughout the country. Between 30,000
and 50,000 people had been killed, 800,000 had taken refuge
outside the country, mainly in Rwanda, and 300,000 had moved
to other parts of Burundi. The representative of the State
party said that she wished to provide all necessary clarifications
on the ethnic problems and violations of human rights in Burundi,
and was open to all questions. She emphasized that her country
needed international assistance.

32.
Members of the Committee thanked the representative of the
State party for her frank account of the events that had occurred
in her country and emphasized the seriousness of the crisis
which Burundi was undergoing, a crisis that constituted a
setback for the incipient move towards democracy and respect
for human rights. The members then examined the conformity
of domestic legislation with the provisions of the Convention.
The Constitution adopted in 1992 and approved by 90 per cent
of the population in a referendum provided for equal status
and equal protection for all without discrimination, but often
the exercise of the human rights embodied in the Constitution
was subordinated to public requirements which restricted them.
In addition, many constitutional provisions for the protection
of human rights, such as those prohibiting unlawful detention,
had no laws to give them effect. The Charter of National Unity,
which took pride of place over all legislation, including
the Constitution, should be accepted by all political organizations;
it would be useful to have fuller details of the content of
that Charter. Members also asked who, at the present time,
was effectively wielding power in Burundi.

33.
Members of the Committee noted that the new constitutional
rules regarding political rights and the exercise thereof
were in conformity with article 5 (c) of the Convention. On
the other hand, they pointed out that there was a failure
to comply with article 5 (b) of the Convention, since numerous
summary executions and cases of torture had occurred in November
1991 and April 1992. Similarly, numerous cases of brutal repression
by Tutsi against Hutu suspected of belonging to the Palipehutu
party had been mentioned by non-governmental organizations
and by the Human Rights Committee. Were efforts being made
to reform the army, to conclude agreements with the Palipehutu
party, as well as with neighbouring countries on the question
of refugees, and to curb, if not halt, the arms traffic?

34.
Concerning article 6 of the Convention, it was noted that
there was no effective remedy in Burundi for victims of human
rights violations.

35.
With regard to article 7 of the Convention, it was asked whether
measures had been taken to teach human rights to judicial,
police and prison personnel.

36.
Members inquired about the emergency measures which the Government
intended to take to remedy the crisis situation, and drew
its attention to articles 4, 2 (1) (e) and 5 (e) of the Convention,
which required States parties to take positive measures in
accordance with the aims of the Convention. They also asked
the representative of Burundi to give her opinion concerning
the establishment of a tribunal which would put an end to
the impunity enjoyed by those responsible for massacres and
coups d'état.

37.
Replying to the questions and comments of members of the Committee,
the representative of Burundi stated that, following the assassination
of President Ndadaye and his close associates, it had been
decided that the process initiated by the first free elections
in the country's history should not be interrupted and, in
February 1994, a new President belonging to the same political
party as the assassinated President had entered office. The
new President had taken as Prime Minister a member of an opposition
party, and 40 per cent of the Government was composed of members
of opposition parties; the ethnic problems that existed in
Burundi could only be resolved through the establishment of
a balance in the exercise of power between all the ethnic
groups - Hutu, Tutsi and Twa - that lived in Burundi. In order
to prevent a recurrence of coups d'état such as that
of October 1993, international assistance was needed to train
the armed forces and the police in the area of human rights.
International assistance was also needed to enable the Government
to combat the impunity now enjoyed for over 30 years by persons
responsible for coups and massacres. The dialogue that
had taken place between all parties in Burundi had led to
the elaboration of the Charter of National Unity, but insufficient
account had been taken of the role and importance of the army.

Concluding
observations

38.
At its 1039th meeting, on 17 March 1994, the Committee adopted
the following concluding observations.

(a)
Introduction

39.
It is regretted that the Government of Burundi did not submit
the further information which had been requested by the Committee.
However, it is noted with satisfaction that a delegation was
present to respond to the questions and comments of Committee
members. Appreciation is expressed to that delegation for
a most frank and useful dialogue.

(b)
Principal subjects of concern

40.
Shock is expressed over the outbreak, once again, of massive
ethnically motivated violence in Burundi and the subsequent
systematic human rights violations to which members of both
the Hutu and Tutsi communities have been subjected. Concern
is expressed that the recurrent violence constitutes a serious
impediment to peace, stability and respect for human rights
in the region.

41.
Concern is expressed over the cyclical nature of large-scale
ethnic violence in Burundi and it is noted with alarm that
there is no effective prohibition of incitement to such violence
either in the armed forces and the police or among the general
public.

42.
It is deeply regretted that the democratically elected Government
of President Ndadaye was brutally attacked by military forces
in the attempted coup d'état of 21 October 1993 and
that the significant progress that had been made towards strengthening
democratic institutions in Burundi has been jeopardized.

43.
Concern is expressed, in particular, that major reform of
the military remains to be undertaken with a view to bringing
it under effective civilian control and to broaden its ethnic
composition to reflect more adequately the composition of
the population. Concern is also expressed that major reform
needs to be undertaken with respect to the judiciary and the
public service, which also do not reflect the ethnic composition
of the population.

44.
Deep concern is expressed that an atmosphere of impunity continues
to prevail in Burundi. As in the past, the lack of effective
investigation, prosecution and punishment of those guilty
of human rights violations committed against both ethnic communities
threatens to undermine efforts to strengthen the rule of law
and build confidence in democratic institutions. Concern is
expressed that the impunity of perpetrators of human rights
violations is one of the factors contributing to the threat
of renewed and unrestrained violence.

45.
Concern is expressed over the inadequate response of the international
community to assist Burundi in dealing with the serious and
difficult problems confronting it.

(c)
Suggestions and recommendations

46.
The Committee strongly recommends that decisive steps be taken
immediately at the international, regional (through the Organization
of African Unity) and national levels, and through the Secretary-General
of the United Nations, to break the vicious cycle of ethnic
violence and atrocities that continues to erupt regularly
in Burundi. To that end, the Committee supports the call of
the Government of Burundi for international cooperation to
assist it in its efforts to restore stability and to strengthen
democratic institutions. In that connection, the Committee
emphasizes the need to restructure the military, the police
and the public service in order to bring them under effective
civilian control. The Committee also emphasizes the urgent
need to take steps to foster, at all levels of society, a
dialogue of reconciliation which includes the military and
other security forces.

47.
The ethnic conflict in Burundi is paralleled by a conflict
in Rwanda involving members of the same two groups. It is
doubtful whether one State can resolve the conflict within
its borders unless the conflict in the subregion is resolved.

48.
The Committee recommends that major reform of the judiciary
be undertaken and stresses that adequate legal safeguards
must be put in place to ensure the security of members of
all ethnic communities and their access to effective judicial
recourse.

49.
The Committee strongly urges the Government of Burundi to
make a determined effort to bring an end to the impunity of
the perpetrators of the ethnically motivated massacres and
other racially based human rights violations that have ravaged
the country. In this connection, the Committee emphasizes
the need for the investigation, prosecution and punishment
of perpetrators by the Government of Burundi in order to restore
confidence in the rule of law and also as an indication of
resolve that a recurrence of those crimes will not be tolerated.
To that end, steps should be taken immediately at the international
level to lend more support and assistance to the Government
of Burundi with a view to ending the violence, to help in
finding a lasting solution to the ethnic tension and to create
conditions to encourage the return of the refugees.

50.
The Committee recommends that the Government of Burundi request
technical assistance from the Centre for Human Rights in all
aspects of strengthening democratic institutions and promoting
respect for human rights, with the possible assistance of
one or more members of the Committee. Such assistance would
be useful particularly with respect to legislative and judicial
reform, the training of law enforcement officials, the establishment
of a national institution for the protection of human rights
and the development of education programmes aimed at encouraging
inter-ethnic tolerance and understanding.

(d)
Further action

51.
In accordance with article 9, paragraph 1, of the Convention,
the Committee requests further information from the State
party on measures taken to implement the provisions of the
Convention in the light of the concluding observations adopted
by the Committee at its forty-fourth session. The State party
is requested to provide that information by 30 June 1994 so
that it may be considered by the Committee at its forty-fifth
session.

52.
At its 1063rd meeting (forty-fifth session), held on 16 August
1994, the Committee gave further consideration to the situation
in Burundi (see sect. B below).